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90--- 106655 - - -- <br />to IlHeeellansotrs provisions. <br />(s) Osrrower Not ReNssed. Extension of the time for payment or modification of amortlzatlon of the sums secured by this <br />_ <br />Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, In any manner, the liability <br />In interest Lander shall not be required to commence proceedings against <br />of the original Borrower and Borrower's successors <br />such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust <br />e <br />by reason of any demands made by the original Borrower and Borrower's successors in interest <br />(b) Lender's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein <br />-- <br />mentioned, and without affecting the Honor Charge of this Deed of Trust upon any portion of the property not then or theretofore <br />Lender may, from time to time and without notice (i) release any <br />-- . <br />released as security for the full amount at all unpaid obligations, <br />so liable, (il) extend the maturity or attar any of the terms of any such obligations, (ill) grant other indulgences (iv) release <br />person <br />or reconvey, or cause to be released or reconveyed at any time at Lender's option any parcel, portion or all of the Property. <br />herein mentioned, or (vl) make compositions or other <br />(v) take or release any other or additional security for any obligation <br />arrangements with debtors In relation thereto. <br />(c) Forbearance by Lander Mt a Waiver. Any forbearance by Lander in exercising any right or remedy hereunder, or <br />any such right or remedy. Tito <br />fu_ <br />otherwise affutdad by appllcablo law, °,hall not be s wslvar of or preclude the exercise Of <br />procurement of Insurance or the payment of tares or other liens or charges by Lender shall nor be a waiver of Lender'a r iahtto <br />accelerate the maturity of the indebtedness secured by this Deed of Trust <br />(d) Succoseacs and Assigns hound; 4aint and Several Liability; Capsons. The covenants and, agreements herein con- <br />- - <br />twined shall bind, and the rights hereundw sl a!1 inure to, the respective successors and assr'gna tit Lender and Trustor. All <br />Ti,, MN OWI lee joint and several. The captions and hGsdlrgsi Cfi rvs, paragraphs of this Deed of <br />_- <br />covenants and agreements rt <br />Trust are for convenience ajiy, L d ,a�� rrnfs: so be used to interpret or define the prOvWf: s herr.N*. <br />TlNm:.ra -0,eS large! :y request that a copy of any notice of delstnt Nt je w^t�iair and a copy of any notice <br />r , <br />(e) Rertuest for Nokia <br />of sate hereancler be mailed to eadts favl* t'z this Deed of Trust at the address set forth above rr.. 4're manner prescribed by <br />applicable liavq._ GxceRt for any other n+o +IM .ZM,0if•ed Wider applicable law to be given in another manner, any notice provided <br />rrt rr Qt3ce by certified mail addressed to the other parties. at the address set <br />c ;_rise - <br />for in this Deed of Trust shalt be given brl. m W0 %qu, ;cla <br />forth above. Any notice provided IoO ir, 7hisEt shall be effective upon maYng in the manner designsitwd herein. If <br />' tr <br />ff, <br />Trustor is more than one person, ncla c +a samt to the &4xress set forth above shalt be vtice to all such persons. <br />(f) Impectlon. Lender may make fir, rnas2 to be made reasonable entries upov :and inspections of the Prsrpa'tp. provided <br />that Lender shall give Trustor notice Brie: ,ta any such inspection specifying reasonable cause therefor retatpcf to Lenders <br />Interest In the Property. <br />(g) Reconveyanee. Upon payment Khali sums secured by this Deed of Trust. LeR.idet sh34 raduast Trustee to reconvey the <br />°- <br />Property and shall surrender this Deed of T� Est and alf notes evidencing indebtedness sa<rarv;v it�6 tins Deed of Trust to Trustee. <br />aid without charge to the ,prsar. r IRersans legally entitled thereto. <br />? <br />Trustee shall reconvey the Property w*,...aut warranty <br />Rl <br />Trustor shall pay all costs of recordati•on.Ji any. <br />(h) Personal Property; Security AWjilment As • addaionaI security for the payment ottl>: Note, Trustor hereby grant <br />�,��`, ., ;t ; •• ?,. ;t.,y ;, . <br />Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and other personal property <br />;•acated thereon, and not otherwise declared or deemed to be a part o1 <br />used in connection with the real estate or lmprovemen,HG <br />t Lae as a Security Agreement under said Code, and the Lender <br />he real estate secured hereby. This instrument shalt e con <br />shall have all the rights and remedies of a secured parry under said Code in addition to the rights and remedies created under <br />Trust that Lender's rights and remedies under this paragraph shall <br />and accorded the Lender pursuant to this Deed of provided <br />be cumulative with, and in no way a limitation on, Lender's rights and remedies under any oche! security agreement signed by <br />Borrower or Trustor. <br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions Of any <br />mortgage, deed of trust, lease or purchase contract describing all of any Part Of .:,.e r MP^rty. or other contract. •n-•rum(int or <br />against all or any part of the Propentv,collectively. "Liens'), existing as of the <br />agreement constituting a lien or encumbrance <br />date of this Dead of Trust, and that any and all existing Liens remain unmodified: except as disclosed to Lender in Trustoes <br />;F <br />written disclosure of liens and encumbrances provided for herein. Trustor shaft trerely perform all of Trustoes obligations. . <br />all exisiUng and future Liens, shall prmtr. ptly forward to Lender copies <br />covenants, representations and warranties under any and <br />of all notices of default sent In connection with an and all existing or future Liens, and shall atat without Lender's prior written <br />Y g or future Liens. <br />, <br />''i • .• , ' 't <br />r tnsent in any manner modify the provisions of or allow any future advances under ac y ex6snng <br />Unless required by taw, sums paid to Lender" ��eun¢r7r, ;r;,tuding vviµ out limitation <br />(j) Application of Payments. otherwise <br />payments of principal and interest, insurance proce�'.s, condemnation proceeds and :emirs profits, sttaih be applied by <br />in order as Lender cr its• sole,*scretion deems desirable. <br />Lender to the amounts due and owing from Trustor and Borrower such <br />(k) Saerability. If any provision of this Deed of Trust conflicts with applicable law or is •: ecWed invalid or otherwise <br />unenforceable, such conflict or invalidity shall not affect the other provisons of this Deed ct' Ta: n sr the Note which can be <br />the of this Decd: a4 Trust 8.'>'tthe Note are declared to be <br />i ti�x.:? : �; • .. ,, :;;,:,,. <br />.i:• : :;. , t <br />given effect without the ca?tiit:ting provision, and to 1119 end provisions <br />,, • <br />severable. <br />(I) Tanns. The terms "Trustor" and "Borrower" slid, f. include both singular arid: rnlrat, and when the Trustor and Borrower <br />are the same person(s), those terms as used in this Deed of Trust shall be rntercharngeable.. <br />the Slat of htcl3:acxa. <br />;. . <br />(m) Goveming Law. This Deed of Trust shall be governed by the laws of <br />has this Deed of Trust as of the date written above. <br />Trustor executed <br />i <br />510,' <br />Lelarnok- . S1;ef <br />Gary P. ocae <br />1, <br />